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NAYS-Messrs. Buckalew, Davis, Doolittle, Edmunds,

Nor have the sovereign people of the nation Foster, Grimes, Guthrie, Hendricks, McDougall, Morgan, been afforded an opportunity of expressing their Poland, Riddle, Sumner-13.

IN HOUSE.

May 3-The bill was passed-yeas 81, nays 57, as follow:

YEAS-Messrs. Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Banks, Barker, Beaman, Benjamin, Bidwell, Bingham, Blow, Brandegee, Bromwell, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling Cullom, Defrees, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, Farquhar, Ferry, Garfield, Grinnell, Abner C. Harding, Hart, Henderson, Holmes, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, James R. Hubbell, Ingersoll, Jenckes, Kasson, Kelso, Ketcham, Laflin, Latham,

views upon the important questions which the amendment involves. Grave doubts therefore

may naturally and justly arise as to whether the action of Congress is in harmony with the sentiments of the people, and whether State legislatures, elected without reference to such an issue, should be called upon by Congress to decide respecting the ratification of the proposed amendment.

Waiving the question as to the constitutional George V. Lawrence, William Lawrence, Loan, Longyear, validity of the proceedings of Congress upon Marston, McClurg, McKee, Mercur, Miller, Moorhead, the joint resolution proposing the amendment, Moulton, Myers, O'Neill, Orth, Patterson, Plants, Alexander or as to the merits of the article which it subH Rice, Rollins, Sawyer, Schenck, Shellabarger, Smith,

Spalding, Francis Thomas, Trowbridge, Upson, Van Aernam,
Burt Van Horn, Robert T. Van Horn, Warner, Welker,
Whaley, Williams-81.
NAYS-Messrs. Allison, Alley, Ancona, Baxter, Bergen,
Blaine, Boutwell, Boyer, Broomall, Chanler, Coffroth, Dar-
ling, Dawson, Denison, Eldridge, Eliot, Finck, Glossbrenner,
Grider, Griswold, Aaron Harding, Harris, Higby, James
Humphrey, Julian, Kelley, Kuykendall, Le Blond, Lynch,
Marshall, McCullough, McRuer, Morrill, Morris, Newell,
Niblack, Paine, Perham, Pike, Raymond, John H. Rice,
Ritter, Ross, Rousseau, Shanklin, Stevens, Stilwell, Strouse,
Taylor, Thornton, Ellihu B. Washburne, Henry D. Wash
burn, James F. Wilson, Windom, Winfield, Woodbridge,

Wright-57.

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*

To the Senate and House of Representatives:
I submit to Congress a report of the Secretary
of State, to whom was referred the concurrent
resolution of the 18th instant, respecting a
submission to the legislatures of the States of
an additional article to the Constitution of the
United States.

It will be seen from this report that the Secretary of State had, on the 16th instant, transmitted to the Governors of the several States certified copies of the joint resolution passed on the 13th instant, proposing an amendment to the Constitution.

Even in ordinary times any question of amending the Constitution must be justly regarded as of paramount importance. This importance is at the present time enhanced by the fact that the joint resolution was not submitted by the two Houses for the approval of the President, and that of the thirty-six States which constitute the Union eleven are excluded from representation in either House of Congress, although, with the single exception of Texas, they have been entirely restored to all their functions as States, in conformity with the organic law of the land, and have appeared at the national capital by Senators and Representatives, who have applied for and have been refused admission to the vacant seats.

*This resolution passed the House under a suspension of the rules, which was agreed to, yeas 92, nays 25, (the latter all Democrats,) by a vote of yeas 87, nays 20, on a count by tellers. It passed the Senate same day without a division; and is a copy of a concurrent resolution passed in 1864, requesting President Lincoln to submit the anti-slavery amendment, changed only as to the phraseology descrip

tive of the amendment.

mits through the cxecutive department to the
legislatures of the States, I deem it proper to
observe that the steps taken by the Secretary of
State, as detailed in the accompanying report,
are to be considered as purely ministerial, and
in no sense whatever committing the Executive
to an approval or a recommendation of the
amendment to the State legislatures or to the
people. On the contrary, a proper appreciation
of the letter and spirit of the Constitution, as well
as of the interests of national order, harmony,
and union, and a due deference for an enlight-
ened public judgment, may at this time well sug-
gest a doubt whether any amendment to the
Constitution ought to be proposed by Congress
and pressed upon the legislatures of the several
States for final decision until after the admis-
sion of such loyal Senators and Representatives
of the now unrepresented States as have been,
or may hereafter be, chosen in conformity
with the Constitution and laws of the United
States.
ANDREW JOHNSON.

WASHINGTON, D. C., June 22, 1866.

To the President:

The Secretary of State, to whom was referred the concurrent resolution of the two Houses of Congress of the 18th instant, in the following words: "That the President of the United States be requested to transmit forthwith to the executives of the several States of the United States copies of the article of amendment proposed by Congress to the State legislatures to amend the Constitution of the United States, passed June 13, 1866, respecting citizenship, the basis of representation, disqualification for office, and validity of the public debt of the United States, &c., to the end that the said States may proceed to act upon the said article of amendment, and that he request the executive of each State that may ratify said amendment to transmit to the Secretary of State a certified copy of such ratification," has the honor to submit the following report, namely: That on the 16th instant the Hon. Amasa Cobb, of the Committee of the House of Representatives on Enrolled Bills, brought to this Department and deposited therein an enrolled resolution of the two Houses of Congress, which was thereupon received by the Secretary of State and deposited among the rolls of the Department, a copy of which is hereunto an

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That they have attended to the duty assigned them as assiduously as other duties would permit, and now submit to Congress, as the result of their deliberations, a resolution proposing amendments to the Constitution, and two bills, of which they recommend the adoption.

States were left at the close of the war; the measures which have been taken towards the reorganization of civil government, and the dis position of the people towards the United States; in a word, their fitness to take an active part in the administration of national affairs.

to

The Joint Committee of the two Houses of ConAs to their condition at the close of the rebelgress, appointed under the concurrent resolution of December 13, 1865, with direction to "in-lion, the evidence is open to all, and admits of quire into the condition of the States which no dispute. They were in a state of utter ex haustion. formed the so-called Confederate States of Having protracted their struggle America, and report whether they or any of against federal authority until all hope of suc them are entitled to be represented in either cessful resistance had ceased, and laid down their House of Congress, with leave to report by bill arms only because there was no longer any or otherwise," ask leave to report: power to use them, the people of those States were left bankrupt in their public finances, and shorn of the private wealth which had before given them power and influence. They were also necessarily in a state of complete anarchy, without governments and without the power frame governments except by the permission of those who had been successful in the war. The President of the United States, in the proclama tions under which he appointed provisional gov ernors, and in his various communications to them, has, in exact terms, recognized the fact that the people of those States were, when the rebellion was crushed, "deprived of all civil government," and must proceed to organize anew. In his conversation with Mr. Stearns, of Massachusetts, certified by himself, President Johnson said "the State institutions are pros trated, laid out on the ground, and they must be taken up and adapted to the progress of events." Finding the Southern States in this condition, and Congress having failed to provide for the contingency, his duty was obvious. dent of the United States he had no power, ex

Before proceeding to set forth in detail their reasons for the conclusion to which, after great deliberation, your committee have arrived, they beg leave to advert, briefly, to the course of proceedings they found it necessary to adopt, and to explain the reasons therefor.

The resolution under which your committee was appointed directed them to inquire into the condition of the Confederate States, and report whether they were entitled to representation in Congress. It is obvious that such an investigation, covering so large an extent of territory and involving so many important considerations, must necessarily require no trifling labor, and consume a very considerable amount of time. It must embrace the condition in which those

As Presi

cept to execute the laws of the land as Chief | erly permit the people to assemble, and to initiMagistrate. These laws gave him no authority ate local governments, and to execute such local over the subject of reorganization; but by the laws as they might choose to frame not inconConstitution he was commander-in-chief of the sistent with, nor in opposition to, the laws of army and navy of the United States. These the United States. And, if satisfied that they Confederate States embraced a portion of the might safely be left to themselves, he might people of the Union who had been in a state of withdraw the military forces altogether, and revolt, but had been reduced to obedience by leave the people of any or all of these States to force of arms. They were in an abnormal con- govern themselves without his interference. In dition, without civil government, without com- the language of the Secretary of State, in his mercial connections, without national or inter- telegram to the provisional governor of Georgia, national relations, and subject only to martial dated October 28, 1865, he might "recognize the law. By withdrawing their representatives in people of any State as having resumed the relaCongress, by renouncing the privilege of repre- tions of loyalty to the Union," and act in his sentation, by organizing a separate government, military capacity on this hypothesis. All this and by levying war against the United States, was within his own discretion, as military comthey destroyed their State constitutions in res- mander. But it was not for him to decide upon pect to the vital principle which connected their the nature or effect of any system of government respective States with the Union and secured which the people of these States might see fit to their federal relations; and nothing of those adopt. This power is lodged by the Constitution constitutions was left of which the United States in the Congress of the United States, that branch were bound to take notice. For four years they of the government in which is vested the auhad a de facto government, but it was usurped thority to fix the political relations of the States and illegal. They chose the tribunal of arms to the Union, whose duty is to guarantee to wherein to decide whether or not it should be each State a republican form of government, and legalized, and they were defeated. At the close to protect each and all of them against foreign of the rebellion, therefore, the people of the re- or domestic violence, and against each other. We bellious States were found, as the President ex- cannot, therefore, regard the various acts of the presses it, "deprived of all civil government." President in relation to the formation of local Under this state of affairs it was plainly the governments in the insurrectionary States, and duty of the President to enforce existing national the conditions imposed by him upon their action, laws, and to establish, as far as he could, such a in any other light than as intimations to the system of government as might be provided for people that, as commander-in-chief of the army, by existing national statutes. As commander- he would consent to withdraw military rule in-chief of a victorious army, it was his duty, just in proportion as they should, by their acts, under the law of nations and the army regula- manifest a disposition to preserve order among tions, to restore order, to preserve property, and themselves, establish governments denoting loyto protect the people against violence from any alty to the Union, and exhibit a settled determinaquarter until provision should be made by law tion to return to their allegiance, leaving with the for their government. He might, as President, law-making power to fix the terms of their final assemble Congress and submit the whole matter restoration to all their rights and privileges as to the law-making power; or he might continue States of the Union. That this was the view of military supervision and control until Congress his power taken by the President is evident from should assemble on its regular appointed day. expressions to that effect in the communications Selecting the latter alternative, he proceeded, by of the Secretary of State to the various provis virtue of his power as commander-in-chief, to ional governors, and the repeated declarations of appoint provisional governors over the revolted the President himself, Any other supposition States. These were regularly commissioned, and inconsistent with this would impute to the Presitheir compensation was paid, as the Secretary of dent designs of encroachment upon a co-ordinate War states, "from the appropriation for army branch of the government, which should not be contingencies, because the duties performed by lightly attributed to the Chief Magistrate of the the parties were regarded as of a temporary nation. character; ancillary to the withdrawal of mili- When Congress assembled in December last tary force, the disbandment of armies, and the the people of most of the States lately in rebelreduction of military expenditure; by provis- lion had, under the advice of the President, orional organizations for the protection of civil ganized local governments, and some of them rights, the preservation of peace, and to take had acceded to the terms proposed by him. In the place of armed force in the respective States." his annual message he stated, in general terms, It cannot, we think, be contended that these what had been done, but he did not see fit to governors possessed, or could exercise, any but communicate the details for the information of military authority. They had no power to or- Congress. While in this and in a subsequent ganize civil governments, nor to exercise any message the President urged the speedy restoraauthority except that which inhered in their tion of these States, and expressed the opinion own persons under their commissions. Neither that their condition was such as to justify their had the President, as commander-in-chief, any restoration, yet it is quite obvious that Conother than military power. But he was in ex-gress must either have acted blindly on that clusive possession of the military authority. It was for him to decide how far he would exercise it, how far he would relax it, when and on what terms he would withdraw it. He might prop

opinion of the President, or proceeded to obtain the information requisite for intelligent action on the subject. The impropriety of proceeding wholly on the judgment of any one man, how

nesses whose position had given them the best means of forming an accurate judgment, who could state facts from their own observation, an whose character and standing afforded the best! evidence of their truthfulness and impartiality. A work like this, covering so large an extent of territory, and embracing such complicated an. extensive inquiries, necessarily required much time and labor. To shorten the time as much as possible, the work was divided and placed the hands of four sub-committees, who have been diligently employed in its accomplishment The results of their labors have been heretofore submitted, and the country will judge how far they sustain the President's views, and how far they justify the conclusions to which your committee have finally arrived.

ever exalted his station, in a matter involving | could only be had to the examination of witthe welfare of the republic in all future time, or of adopting any plan, coming from any source, without fully understanding all its bearings and comprehending its full effect, was apparent. The first step, therefore, was to obtain the required information. A call was accordingly made on the President for the information in his possession as to what had been done, in order that Congress might judge for itself as to the grounds of the belief expressed by him in the fitness of States recently in rebellion to participate fully in the conduct of national affairs. This information was not immediately communicated. When the response was finally made, some six weeks after your committee had been in actual session, it was found that the evidence upon which the President seemed to have based his suggestions was incomplete and unsatisfactory. Authenti- A claim for the immediate admission of Senacated copies of the new constitutions and ordi- tors and Representatives from the so-called Connances adopted by the conventions in three of federate States has been urged, which seems to the States had been submitted, extracts from your committee not to be founded either in reanewspapers furnished scanty information as to son or in law, and which cannot be passed withthe action of one other State, and nothing ap-out comment. Stated in a few words, it amounts pears to have been communicated as to the remainder. There was no evidence of the loyalty of those who had participated in these conventions, and in one State alone was any proposition made to submit the action of the conventions to the final judgment of the people.

to this: That inasmuch as the lately insurgent States had no legal right to separate themselves from the Union, they still retain their positions as States, and consequently the people there! have a right to immediate representation in Congress without the imposition of any conditions whatever; and further, that until such admis sion Congress has no right to tax them for the support of the Government. It has even bett contended that until such admission all legisla tion affecting their interests is, if not unconsti tutional, at least unjustifiable and oppressive.

It is believed by your committee that all these propositions are not only wholly untenable, but, if admitted, would tend to the destruction of the Government.

Failing to obtain the desired information, and left to grope for light wherever it might be found, your committee did not deem it either advisable or safe to adopt, without further examination, the suggestions of the President, more especially as he had not deemed it expedient to remove the military force, to suspend martial law, or to restore the writ of habeas corpus, but still thought it necessary to exercise over the people of the rebellious States his military power and jurisdiction. This conclusion derived still greater It must not be forgotten that the people of these force from the fact, undisputed, that in all these States, without justification or excuse, rose in in States, except Tennessee and perhaps Arkansas, surrection against the United States. They delib the elections which were held for State officers erately abolished their State goverernments so and members of Congress had resulted, almost far as the same connected them politically with universally, in the defeat of candidates who had the Union as members thereof under the Consti been true to the Union, and in the election of tution. They deliberately renounced their alle notorious and unpardoned rebels, men who could giance to the Federal Government, and pronot take the prescribed oath of office, and who ceeded to establish an independent government made no secret of their hostility to the Govern- for themselves. In the prosecution of this enter ment and the people of the United States. Un-prise they seized the national forts, arsenals, dock der these circumstances, anything like hasty ac-yards, and other public property within their tion would have been as dangerous as it was obviously unwise. It appeared to your committee that but one course remained, viz: to investigate carefully and thoroughly the state of feeling and opinion existing among the people of these States; to ascertain how far their pre- They continued this war for four years with tended loyalty could be relied upon, and thence the most determined and malignant spirit, killing to infer whether it would be safe to admit them in battle and otherwise large numbers of loyal at once to a full participation in the Govern- people, destroying the property of loyal citizens ment they had fought for four years to destroy. on the sea and on the land, and entailing on the It was an equally important inquiry whether Government an enormous debt, incurred to sus their restoration to their former relations with tain its rightful authority. Whether legally and the United States should only be granted upon constitutionally or not, they did, in fact, withcertain conditions and guarantees which would draw from the Union and made themselves subeffectually secure the nation against a recur-jects of another government of their own creation. rence of evils so disastrous as those from which it had escaped at so enormous a sacrifice.

To obtain the necessary information recourse

borders, drove out from among them those who remained true to the Union, and heaped every imaginable insult and injury upon the United States and its citizens. Finally they opened los tilities, and levied war against the Government.

And they only yielded when, after a long, bloody, and wasting war, they were compelled by utter exhaustion to lay down their arms; and this

hey did not willingly, but declaring that they | eral authority. It must have a government ielded because they could no longer resist, afford- republican in form, under and by which it is ng no evidence whatever of repentance for their connected with the General Government, and rime, and expressing no regret, except that they through which it can discharge its obligations. had no longer the power to continue the despe- It is more than idle, it is a mockery, to contend rate struggle. that a people who have thrown off their alleIt cannot, we think, be denied by any one, giance, destroyed the local government which having a tolerable acquaintance with public law, bound their States to the Union as members that the war thus waged was a civil war of the thereof, defied its authority, refused to execute greatest magnitude. The people waging it were its laws, and abrogated every provision which necessarily subject to all the rules which, by the gave them political rights within' the Union, law of nations, control a contest of that charac- still retain, through all, the perfect and entire ter, and to all the legitimate consequences follow-right to resume, at their own will and pleasure, ing it. One of those consequences was that, within all their privileges within the Union, and espethe limits prescribed by humanity, the conquered cially to participate in its government, and to rebels were at the mercy of the conquerors. That control the conduct of its affairs. To admit a government thus outraged had a most perfect such a principle for one moment would be to right to exact indemnity for the injuries done declare that treason is always master and loyand security against the recurrence of such out-alty a blunder. Such a principle is void by its rages in the future would seem too clear for dispute. What the nature of that security should be, what proof should be required of a return to allegiance, what time should elapse before a people thus demoralized should be restored in full to the enjoyment of political rights and privileges, are questions for the law-making power to decide, and that decision must depend on grave considerations of the public safety and the general

welfare.

It is moreover contended, and with apparent gravity, that, from the peculiar nature and character of our Government, no such right on the part of the conqueror can exist; that from the moment when rebellion lays down its arms and actual hostilities cease, all political rights of rebellious communities are at once restored; that, because the people of a State of the Union were once an organized community within the Union, they necessarily so remain, and their right to be represented in Congress at any and all times, and to participate in the government of the country under all circumstances, admits of neither question nor dispute. If this is indeed true, then is the Government of the United States powerless for its own protection, and flagrant rebellion, carried to the extreme of civil war, is a pastime which any State may play at, not only certain that it can lose nothing in any event, but may even be the gainer by defeat. If rebellion succeeds, it accomplishes its purpose and destroys the Government. If it fails, the war has been barren of results, and the battle may be still fought out in the legislative halls of the country. Treason, defeated in the field, has only to take possession of Congress and the cabinet.

Your committee does not deem it either necessary or proper to discuss the question whether the late Confederate States are still States of this Union, or can even be otherwise. Granting this profitless abstraction, about which so many words have been wasted, it by no means follows that the people of those States may not place themselves in a condition to abrogate the powers and privileges incident to a State of the Union, and deprive themselves of all pretence of right to exercise those powers and enjoy those privileges. A State within the Union has obligations to discharge as a member of the Union. It must submit to federal laws and uphold fed

very nature and essence, because inconsistent with the theory of government, and fatal to its very existence.

On the contrary, we assert that no portion of the people of this country, whether in State or Territory, have the right, while remaining on its soil, to withdraw from or reject the authority of the United States. They must obey its laws as paramount, and acknowledge its jurisdiction. They have no right to secede; and while they can destroy their State governments, and place themselves beyond the pale of the Union, so far as the exercise of State privileges is concerned, they cannot escape the obligations imposed upon them by the Constitution and the laws, nor impair the exercise of national authority. The Constitution, it will be observed, does not act upon States, as such, but upon the people; while, therefore, the people cannot escape its authority, the States may, through the act of their people, cease to exist in an organized form, and thus dissolve their political relations with the United States.

That taxation should be only with the consent of the taxed, through their own representatives, is a cardinal principle of all free governments; but it is not true that taxation and representation must go together under all circumstances, and at every moment of time. The people of the District of Columbia and of the Territories are taxed, although not represented in Congress. If it is true that the people of the so-called Confedrate States had no right to throw off the authority of the United States, it is equally true that they are bound at all times to share the burdens of government. They cannot, either legally or equitably, refuse to bear their just proportion of these burdens by voluntarily abdicating their rights and privileges as States of the Union, and refusing to be represented in the councils of the nation, much less by rebellion against national authority and levying war. To hold that by so doing they could escape taxation would be to offer a premium for insurrection, to reward instead of punishing for treason. To hold that as soon as government is restored to its full authority it can be allowed no time to secure itself against similar wrongs in the future, or else omit the ordinary exercise of its constitutional power to compel equal contribu tion from all towards the expenses of govern

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